10 Unexpected Medical Malpractice Settlement Tips

How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body after gall bladder surgery is able to make a claim for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

It is essential for our clients to establish a direct relationship between the breach of duty and the harm which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim can be filed either by the injured person or an attorney. Based on the specific circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad litem or the executor or administrator of the estate of the deceased patient. The defendant in a medical malpractice lawsuit is the health professional. It could be a licensed nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They must also testify as to the harm that was caused by the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be very severe. For instance, a wrong diagnosis of a health issue could result in life-threatening consequences. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

In order to prove a malpractice claim the patient has to prove four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury and damages. In some states such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also known as causation is one of the most important elements of a medical malpractice case. To prove causation, the plaintiff must demonstrate that they suffered their injury based on a balance of probabilities as a result of the negligence of a physician. This can be a difficult task for several reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term or ongoing issues that existed before treatment began. The time-limit for medical malpractice cases can be extended for a number of years and injuries may develop slowly.

In these cases the proof that a medical professional's breach of the standard of care that led to the injury can be difficult. However, the patient who was hurt may be able to use evidence collected by the attorney, including medical documents and expert testimony.

During the discovery procedure, which is a part of the legal process for preparing for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then required to testify in a deposition, which is testimony that is under the oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will then decide whether the plaintiff has proved the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice to show that it is more than likely that the doctor acted in violation of his or her duties as physician and that the violations caused injury. The plaintiff's lawyer has to show this through evidence gathered through pre-trial discovery, which involves requesting disclosure of documents including pleasant hill medical malpractice lawsuit records from all parties involved in the lawsuit. This process also involves the recording of sworn statements and used in trial.

A doctor has breached their professional duty when they did something that reasonable and prudent doctors would not have done in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is known as causation or proximate cause. For example an individual goes to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice suits must be filed within a specific legal time frame, also known as the statute of limitations. This varies from state to state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and then they must establish what compensation they're entitled to.

Damages

You should be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then engage in discovery, a procedure in which documents and statements are disclosed under oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, in order to receive compensation for injuries sustained by negligence, you must to establish four elements: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages that result from the injury. If your lawyer can prove all of these elements of a milton medical malpractice lawsuit negligence claim, you will have a convincing case.

In certain cases the court could award punitive damage that is intended to punish the wrongdoer and discourage others from committing similar crimes. It is not common however, particularly in park hills medical malpractice attorney malpractice cases. The courts must have a clear evidence of malice before they can make these extraordinary awards.